Supreme Court Research, Part 2

Use the form provided to research free speech and expression cases. The names of the cases and the Constitutional questions are provided for you. You must complete the facts of the case and add the significance of the case. After you have completed this portion of the chart, do the self check to check your work.

In the case of New York Times v. U.S. (1971), why did President Nixon want to prevent the New York Times from publishing the illegally obtained documents?

The President argued that "prior restraint" was necessary because it involved the national security of the country.

Who did the Supreme Court side with in this case?

The Court sided with the New York Times. The Administration did not overcome the "heavy presumption" against prior restraint. Since it could not be proven that the publication of the information would imperil the citizenry, the Court allowed its publication.